The Research On Compulsory Arbitration Jurisdiction Of 《the United Nations Convention On The Law Of The Sea 》

21 century is acknowledged as the century of the sea. With the improvement of human ability of ocean exploration, the ocean becomes the new space of modern world economic development. Maritime rights and resources become the important target of every country.Annex VII Compulsory arbitration, as one of the United Nations Convention on the Law of the Sea(UNCLOS) dispute settlement, not only serves as one dispute settlement chosen freely by contracting parties, but also serves as the only residue way to guarantee the integrity and coordination of the whole dispute settlement, playing an important role in maritime disputes. Among the maritime disputes before the Annex VII compulsory arbitration, almost all the cases have jurisdiction objection. The jurisdiction problem, as the first question the arbitration tribunal to answer, is the emphasis of the Annex VII compulsory arbitration and deserve to research.On January 22, 2013, according to the UNCLOS, The Republic of Philippines submit the dispute in the South China Sea with The People’s Republic of China before the compulsory arbitration. On February 19,2015, China release deceleration that China do not accept the arbitration submitted by the Philippines, and return the note verbal and attached notification. <The Chinese government about the Philippine’s position on the south China sea to arbitration jurisdiction file>(The position paper) released by Chinese government point out that the dispute between china and Philippines with regard to maritime delimitation、historic rights and sovereignty on islands which is out of the jurisdiction of Annex VII compulsory arbitration. Even though Chinese government do not accept and not participate this ridiculous arbitration, the proceeding is still going on according to the UNCLOS Annex VII Article 9. On October 29, 2015, the arbitration tribunal make a verdict that the tribunal has jurisdiction on the dispute between China and Philippines. When the last trial finished on 30 November, the arbitral tribunal will discuss and make the verdict in 2016.The jurisdiction problem of the arbitral tribunal is the key point in this dispute. Many scholars domestic and overseas put forward their opinions from the aspects of the article of UNCLOS、cases、the nature of the dispute and so on. The verdict that the arbitral tribunal has jurisdiction on the dispute between china and Philippines will impact the South China Sea problem and the relationship between China and other states in South China Sea. It is possible for other states in South China Sea to imitate Philippines to submit their dispute with China in the South China Sea before Annex VII compulsory arbitration. Under this circumstance, what China can do to utilize UNCLOS rules to defense against the jurisdiction of the arbitral tribunal to protect its maritime rights and the territorial integrity. So, it is necessary to do the deep research and analysis on the jurisdiction of Annex VII compulsory arbitration.The whole thesis consist of fourth parts.The first part is about the forming process and the connotation of UNCLOS compulsory arbitration. Through the analysis on the forming background、concept and characteristics of compulsory arbitration, it is the UNCLOS Annex VII compulsory arbitration that the discuss object of this thesis. It is clearly pointed out that the coerciveness of this arbitration is that the arbitration can be initiated by one party without the consent of the other party. The compulsory arbitration is independent、guaranteed and not executed in force.The second part is the emphasis of this thesis. In order to analyze the elements of UNCLOS compulsory arbitration jurisdiction, this part consist of four sections. The subject element is the requirement to dispute parties. Generally, if the dispute parties are the contracting parties, the subject element is satisfied. The object element means the dispute between parties. Only if there is a dispute between parties and the disputes is concerning the interpretation and application of UNCLOS within the scope of Annex VII compulsory arbitration, the object element is satisfied. The three preconditions means the three articles of UNCLOS(Article 281,282,283). These three preconditions should be satisfied simultaneously. The restrictive and optional exception element means the UNCLOS article 297 and 298 which limit the application scope of Annex VII compulsory arbitration. If any one of the condition is satisfied, the compulsory arbitration do not has the jurisdiction on this dispute.The third part is about the analysis on the compulsory arbitration jurisdiction of disputes between China and Philippines. According to the four elements analyzed in second part, through the subject element, the nature of dispute, the preconditions and optional exception, it is controversial for the dispute between China and Philippines whether the arbitral tribunal has the jurisdiction on this dispute. While the Annex VII arbitral tribunal made the verdict that it has the jurisdiction on the South China Sea dispute.The fourth part is about the advice. What China can do to challenge UNCLOS compulsory arbitration jurisdiction. In this compulsory arbitration, even though China do not accept and not participate, the arbitral tribunal claimed that it had the jurisdiction on this dispute. But, the contingency question still exist. Other States in the South China Sea may imitate Philippines to submit their dispute before compulsory arbitration. If so, China can through aspects of the natural of dispute, the historical rights and the free-choosing peaceful measures to oppose the jurisdiction of the compulsory arbitration to protect its deserving maritime rights and territorial integrity.